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BRENNAN v. TEXAS CITY DIKE & MARINA, INC.

No. 73-2232.

492 F.2d 1115 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. TEXAS CITY DIKE & MARINA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 17, 1974.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., George T. Avery, Regional Sol., Heriberto de Leon, Atty., U. S. Dept. of Labor, Dallas, Tex., Carin Ann Clauss, Donald S. Shire, James B. Leonard, Jacob I. Karro, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Lawrence H. Clore, A. J. Harper, II, Houston, Tex., for defendant-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 17, 1974.

THORNBERRY, Circuit Judge:

The sole question presented for review is whether appellee's marina is an "amusement or recreational establishment" within the meaning of 29 U.S.C.A. § 213(a)(3) and thus exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.1 The court below held that appellee was entitled to the exemption. We disagree and therefore...

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